The Sun. — London, England, 1809-07-21 00:00:00

L4l 1 1 REPORT. COURT OF CHANCERY, U.LY 23. PEARCE V. PIPER. This day-the cause was farther proceeded in, in which the Plaintiffs are the . annuitants, and the De fendants are the majority of the Subscribers to the Amicable Society of Bakers. Mr. LEACH, for the.annuitants, said, that this was an appeal froth the judgment of the Master of the Rolls, under the following circumstances :—This so ciety, which was _exclusively confined to bakers in L , bndon, was formed in 798, and was to giant annui ties to it:, members of 601. a year, after they were sixty years of age, and 301. a year to their widows upon their death, which was also to rise to 601. after these widows arrived at the age of 60; hut every member to belong to the society seven years before be could derive any benefit from it, which of course preven tedalladmissions after the age of 53. Ofc,ouise the annual subscriptions were proportioned to the, age of the enteranis, am: the man who entered at 53 wits to -pay 161. a year. About. 1806, their funds' had accu mulated to 10,0001. and several annuitants began to receive their annuities. But in consequence of the reports on the plan given by two actuaries, Messrs. Morgan and Fairman, the trustees supposed that the plan had been miscalculated, and having called a ge neral meeting, it was resolved by them that the so ciety should be dissolved,and the funds divided among the subscribers, in proportion to the sums then paid in. The annuitants, who now were nine in number, and saw themselves cut off from relief, brought their cause before the Master of the Rolls ; and there be ing one article of the original agreement which pro vided, that if the subscriptions, and the interest of the funds should be insufficient to pay the annuitants, then the trustees should summon a general meeting, and raiseadditional contributions upon the subscribers and the annuitants ; on this ground his Honour was of opininn that the society should not be dissolved, but that this article of the agreement should be ful filled. 'Flom this decree an appeal was now brought before his Lordship by • the majority of the sub scribers, who had voted for the dissolutioh of the society._ Mr. RICHARDS, in behalf of the Appellants, con tended, that the whole plan had been founded on principles which were grossly miscalculated. The whole scheme was a mere bubble; though in saying so he did not mean to impute any blame to any of the. parties, who might be all of theinindustrious and respectable individuals, But it was quite evident they had entirely miscalcUlated, and" a Court of Equity would not lend its proyttion and support. to a mere bubble, which was calculated to deceive, and produce expectations which could never be realised. Besides, he should be glad to know how it - was possible to enforce the decree of the Master of the Rolls. The society was not incorporated by any Aa of -Parlia ment ; and as the majority of the subscribers had al -ready agreed That the society should be dis Solved, bow was it possible for any decree of the Court to oblige them to continue, much more tq increase - their subscriptions. Sir S. RONILLI.Y, for the annuitants, observed, that if this Court could give no relief to his clients, they certainty were placed in a most unfortunate situation. They had contrived to lay by a very considerable portion of their hard . earnings from year to year, in order to entitle theMselves to these annuities, and at the very tune when. they. had reason to expeet this relief foe their old. age, the society is to be, dissolved. If the . wholr, scheme is a bubble, as had been said, *be conceived it must be allowed that his Clients were the dupes, and not the deceivers If the society was to be dissolved, the least that, in common justice, the subscribers could do for his cli ents, was to purchase for them, from the funds of the Institution, such reasonable annuities as might be thought proper, and then the subscribers might di- . vide the remainder. In support of his Honour's Decree, be contended that the Society partook of the nature of a partnership, and that it was in the power of a Court of Equity 'to oblige the subscribers to fulfil those covenants into which they , had volun tarily entered, one of which was to increase the subscriptions, if the state 'of the funds required it, and even to dedu& from the annuitants such part of their, annuities as, tooether with the increased subscriptions, would settle the whole plan upon just and arithmetical calculations. Nothing, he thought, could be more equitable than this, and if any of the subscribers thought - fit to withdraw their annual sub scriptions, they did so at the petit of losing all future interest in thelund. On these grounds he submitted thai the Decree of the Master of the Rolls should be affirmed. I he LORD. CHANCELLOR observed, that the Legis lature had shewn the Utmost anxiety for the encou ragement and proteEtion of these friendly societies, as conceiving them so favourable to the industry and comforts of various classes in society. On this occa sion it would readily be believed, that he felt very anxious to do full justice to both parties in this suit. And here he had to lament, that the original plan of this institution was so very imperfe& as it seemed to he ; this was what lie had too often to witness with retard to these friendly societies, and which render ed it so difficult, if not impossible, for a Court of - Equity to interpose its relief, At present, he was inclined to doubt whether the Decree could be supported"; and whether it would not lead to endless litigation; for supposing the society to be continued, and these annuitants to be paid according to this plan, when additional annuitants came upon the list from time to time, what was to prevent the majority from again voting fora dissolution, which would of course be productive of new applications to Court. He telt a very strong anxiety to afford, if possible, substantial relief to these respetiable people, and be tween this and Monday he should carefully consider what that relief should be, to make it as consistent as possible with the eventual interests of all the parties conc6rneil- --cOURT OF .. I(I,NG's BENCH, JULY 20. THE . I(TNG V. WILIIAIv,I GOLDEN, ESQ. AND THREE OTHERS. 'The ATTORbJEX•GENERAL. stated that this was an indithnent against the Defendants, Mr. Golden, and three wirer Gentlemen, for having acted con trary !o the provisions of an A6I of Parliament; plunder or unwarrantable conquest, there is zo, glory in supporting such unjust wars What a vvry elegant and judicious French author (ivlarmontel, de la Gloire), observes of an indivi:lnal, may- now be too applicable to the military part of he French nation to be omitted here :.-5g L'homtne qui sacrifie a lui seul, le repos le biiinheur des honimes, est .de tons les auimaultle plus cruel, et le plus vorace ; tout doit s'unir pur l'a,ccabler.",—"That man whO„ for his own gratifications, sacrifices the :repose and happiness of mankind, is of ail anima* the most crud—the most savage all should unite to crush him." A. a. ,stmßk: y SESSIQNS. wErz,NgsnA,Y, JULY 19, Susun:na liuskisson was indicted by the parish of St. John, Southwark . , as an impostor seeking and obtaining, parochial relief, under false pretences. Jt appeared from the evidence of a Mrs. Myers and Mrs. Crosby, that the Prisoner was sitting on step, in:College-street, about two months since ; orb a Sunday evening, crying bitterly, apparently iq the utmost distress, The cause of her grief - was inquired into when she told a most distres,ing tale, with which her appearance corresponded ; she said that she had just returned from Spa n, w h ere s h e had lost her husband, jn battle that she was then - pi - Pg. pant, and being seized, with the pangs of labour, was unable to proceed !a her parish, for which silp produCed her pass, The compassion of the hy. ganders was excited; the of of the parish, wero immediately sent to, to provide a conveyance suits able , to b.er condition, and in the interim sO.ttia waxmecl porter was obtained and given lier : i this, however, according to the Prisoner's account, fresh= end her pains, and she made those who,. had th,0 4 3 attended to her complaints, believe that she v 444 actually delivered. A subscription . , was praittpily entered into, a co,ch procured, and. the surplus of the subscription given to (hem - vat - tun:Ale wninan.., She was carefully conveyed to the work lo.irs,e, ihq midwife was sent for,, and Ow , nurse yf the. lying* in-wayd, a Mrs. .Shuffiebottorn, undrehs,ert t k pr arid put her to bed; when lot what was, conceived tolo her huirthen, proved' to he an oid ragg,,d horsq, cloth,, Which she wrapped, round her l iii,. WaitA the midwife arrived,„ silt. declared her. in be an p,ostor, and the prisoner was ,next tuQrnins cum= witted to gab). •. . The Prkoner, in her defence., said, th t Sher 10,4 lately returned frOin Spain, and landed g the ( of Corp, with seventy-two oth.L.r widows ; fier i, is hand was a private in the I.7t:i kNaii and left her two ch:Uren, one o wil.)ra died on the wad.. She had her pass to, aorinandAll parish, and on the eveningsan, attuned, was ,iuMenli seized with violen for winch she knew rut how to account,i but denied h ivuig siid ail that attributed Co her. She had carried cnilic in the pariS4 of lierinondsey sever years, lid tie%e : r bt.bqh in 6 401 before, and begged fur mercy ; Mr. LAWS sunned the evidence, Aril h great humanity, and'rerninded the Jury, that if tilt.), had any reasonable doubts, %hey Vinuld 5444 rtilmli ZA weigh in favOur of the Prisoner, • The Jury, after a long delatulation, gave in thplC vet:dial—Not, Guilty, • Several-Prisoners. were then discharged by 1 , r04 claraatio, and the Sessions closed. Lard velyn4rt. s,on of the Earl of Bate, and an Officer of the. Guards, wore very long naust4i chios, and appeared thus iu the House of currAinors i of which lie was a Alsiiiber. One day %kis addressed. him, My Lord, now ti,e v 4 ar i 3 over, won't you pqt your mustachios on ihe peafa otablislinzeNt —"I do not exactly know whether' I shall do•that-," replied his Lordship, " but I would advise yott to put your tongue on the civil list." 8112 TIIS On the 18th inst.-at Winchester; Lady Louisa Atheriey, of a Daughter. On ih'e zoth inst., in Great Russell-street, thewife of Luba Rawlinson, Esq. of a Daughter. On Friday lot, at Woolwich, the Lady of Captain liar. ilson, of the Royal Artillery, of a Sun. On Sunday last, Mrs. Walker, of the Manor-Tim-0g; Hayes, Middlesex, ola Daughter, • . On Mond4y last, the , of D. W. cairow, gsc l . of A Sap. - - -.- On Wednesday last, at Halhaker Cottage, the Lady' QI Captain Shears, of a Daughter. Yesterday, at her house in Pricenix-street, Snmrners Timh z Mrs. Easton, Wire of . Mr. Easton, Baker, of three children, two boys and a girl, all of whom, with the mother, are likelt to do well. ' /NARRIED. --• On Tuesday last, at St. Martin-in-the- Fields, Captain Thomas Cochrane, to Miss Susan Sarah lirawnbill, youngqf daughter of the late Mr. John of Sloane-street. , On the isith inbt. at St. Nicholas,' Deptford, T. M. Eck wards, Esq. of Peckham, to Miss k . S. La) ton,-yoUngeo daughter of enjarnin Layton,' of New-cross, Surrey. Yesterday, at St, John's, Westminster, T. Daniel,' Esc!: of Millbank-sheet, to -Anna Maria, eldest daughter' of 'O4 late I. W. A. Wallinger, Esq. ofliarg-Hall, Essen. The same day, Mr. lienry • Alexander, of the royal Fys Infirmary, Nassau-street, to Miss Mary Robinson. Lately, at Mary-le-bonne-Church, Qount S. Du f3outt• blanc, to Miss Italia Dc Uourville, daughter of Baron Gourvil le, of Trinidad. .1)1.8 On the 28th 'ult. at Lochnaw Castle, Sir Stair 4gnew l Bart. at an advanced age. - .., . On- the 4th inst. at Edinbur<h, Mrs. Isabella Murr a y , wife of James Glassford, Esq. Advoc a t e , On tile gtli" inst. at AznstMlaMJ l'atriPlc Fleischmanfh Esq. on the isth inst. after a short illness, Mr. Charles -Scott; ,of Cranhourn• street, aged 6o years. On Tuesday last, at his house in Manchester street, Hen/ Pye iLich, Esq. one of the Commissioners by At of .E'4rii.it merit under the - Trcaty with America. On Wednesday morning, at his house in Old Burlington street, Sir John Hay, s, Bart. in-the-both year of his age. The same day, aged 7i, Mr: - Spencer, IVatchinalier, 0 Newgitte : street. ' - - On 'l'llysday Jas=, in his 49th year, after imprudentlS drinking a quantity of cold w.nrr, whilst warm, in attrildi iog his hayurtkers, the Rev. Henry L.wis, 4-;:r or Muck ing and Broxted, both in Eb;..eX. . . lately, in .a Workhouse at I.tverpo9l, a female pauper.' ,a; the Idvanced age of £24 years. title retained, all tacultie to the last, except her sigtir, WhiCh 4 tw9months to her dissolatihn, had been much impaired.. R/C,A•U yEsT A.S RDAY, Bank Stock, 261 Stock, t . ..avy 5 per CCM 93 I rktia Morals, 20S. r. Irish 5 per Cot. Fxcr.e tWts, Ids. ps, 4 Per ..cilt. 8 4i Omni n', ; per Ceot. Red 6S lippe di 3 ;:.r ept. 3 per Cept..(.2.on. 6 . 1.4 673'6F, Dirtu L. Atir!• ; - - Cops. rut tr perdpy,, 6o l LONDON: Printed by RICHARD HARRIS, of No. 4, Martlett-court, Bow-strcet ; and Pub!isned by WILLIAM GLk SCRIPPS, South Wlltop t itreet, GrOsvenor s 4 IrF, At the . Stni-bEricz, No. 112, Strand; where Advertisenie•nis, Orders for tit: Paper, Lciteri fortlic &c, (post-pgia), ip,tlst ba 4ddresipcl, but he bad little to say to the Jury in this case, be, , cause, although i t was a criminal prosecuti9p; it would really resolve itself altogether into a point of 'law, there being but little, in point of faEt, to be left to their conlderation ; he had only drily to state What he should as clearly prove, what the: condnd of these defendants had been on the subjetit. now in question, and then to leave it to his Lordship to say, whether they had not, as 'indeed they clearly had, offended against the A& of Parliament on which this prosecution was founded. The defendants had entered On an adventure; which, .be Contended,• was prohibited by the statute of the Gth Geo; I. c. 'lB. It was an adventure to carry of a very large concern in the copper business, for the raising of the prodigious capital of 100,0001. or :50,0001. - by stib scription; and' for making the shares of the 'sub scribers transferable. By which it would appear that every• holder of a sharp -was responsible .for _nothing more than to the loss of what might fall on such share by the diminution of - its value as a transferable property ; whereas each holder of -such share must be in law responsible for 'all the engagements of the Company of which he became a member by either subscribing to, or pur chasing a share. This was the very thing which the legislature intended to prohibit, and did prohibit by the A6t of Parliament of the Gth of Geo. I. Here lie entered into a succinet account of the origin of. this Copper Company on the 30th Sept. 1897, down to the time of commencing this prosecution.- He read the prospedus which proposed to open a subscrip tion issue 10.01) shares of tool.—Eaeh holder of to shares to be eligible to the office of a member of the committee, by whose direction the affairs of the Company were to be guided, &c. Upon which fads (none of which were disputed, for the case came on to be tried upon admissions), he submitted to his Lordship, that these Defendants had 'done that which was strictly prohibited by the Mt of Par liament of the Gth of Geo. I. ch. 18. Lord ELLENBOROUP:I-1 asked if there was any ob jeaion, for either side, to 'turning this-. question into a special case, to be argued before the Court upon a-special verdia. His Lordship was answered, on both sides - -i-there was not the least object ion whatever' to that cuurse being taken.. His Lordship then observed, it might as well take that course, because it would facilitate the parties, should they be so minded, in going to the last resort for judgment; not that he had any unwillingnesss, for he was quite ready to deliver the opinion which he had formed ,upon this subjeCt ; for he bad thought upon' it a good deal, and it would be af fe6lation for him to say that he had arty doubt in his own mind upon this case, his attention hav ing ; been recently called to the point, in the case of the King and Dodd ; but, however, if the parties preferred a special case, it would be premature in him to deliver an opinion now, when he understood that he was to be called upon to deliver it among his bre thren on the Bench: Mr. DALLAS obse' that this case, when its fasts came to be stated in the special verdict, would appear to differ materially from that of the King and Dodd, in which shares had been a6tually transferred ; in this case there was not a single instance of such a fait. The ATTonsmy-GENERAL observed, th a t thi s would only go in mitigation of punishment it the case Were so; • but the formation of the company, and the resolution to issue transferable shares, would be equally illegal--to suppress the principle of which was the purpose tbr which this prosecution was in stituted.•-•=4-le trusted the real merits of this question should be discussed, in order that the judgment of the Court should be had upon it, and the thin may be perfectly understood, and set to rest and that the "go-bye,' should not be given to the read case by hooking in some John instead of .Win. Thompson, unless he was controuled by others, whornThe had no power to dire& ; the case for the prosecution should be argued on its genuine - merits. Lord ELLENBOKOUGH said, the case was import ant and should be argued on the principle stated by the Attorney-General. On. which the case was turned into a special verdift upon all the falls, to be argued before the Court of King's Bench, GOODALL AND ANOTHER, V. CODE. The ATTORNEY-GENERAL. said, that if he might be allowed the use of a metaphorical expression, the . Defendants were sick of a disorder, to which, under his Lordship's recommendation, there had been ap plied a lenient remedy; but it had not produced the etre& expeaed by it, and therefore the parties were here again. This was an anion for a .Nuisance, of which the Plaintiffs had to complain. The Plain tiffs carried on business on Garlick-hill, where they succeeded a line of ancestors so long, that they might almost be now made subjet to the Statute of 6th of Geo. I. referred to in a former cause, for having transferred shares from partnership to partner ship, like a corporation, for a century past ; and they had been always comfortable until th e Defen, dant had created a Brewery, by the working of which he sometimes smoaked them out.—This cause had been here before ; the Special Jury was not full ; there was an understanding that the nui sance should be abated.; therefore, the cause was not proceeded in ; since which the Defendant had abated the nuisance—Why then was the cause here? Because the Defendant had brought it here by pro viso, and the Plaintiffs could not help it ; all they wanted was security that the nuisance should never again be repeated ; so much were they actuated by a spirit of moderation that they would, even now, withdraw •a juror, by which each party should pay his own costs, upon a proper security that the nuisanceshould not be repeated ; but the De fendant would not be entitled to a verdiel merely OD account of their havinv abated the nuisance ; for if it was a nuisance-at the time of bringing the ac- Con the Plaintiff would be entitled to a verdict even now, although it is abated. One of the seven Jurors, who had been upon a view of the premises, declared, that in his opinion, and that of his brother Jurors, the working of the Defendant's brewery would occasionally annoy the Plaintiffs in their dwelling even now, unless some further alteration took place, Upon which it was finally agreed to be referred to Mr. Roband, who shall say how the Defendant shall hereafter, from time to time, work his brew ery, so as not to annoy the Plaintiffs in their dwel- ling, and ins;doterrnination to be final ; which Lord ELLENBOROI.IOII said was the wisest course the par ,ties could take, else the spirit of litiazion brink; in flamed, they might be driven into a Court of Equity for injunction, &c. TO THE EDITOR OF THE SUN. MR. EDITOR, through the medium of your Paper, the fol lowing hint could be submitted: to the viewof. the Public and of Mernbers of Parliament in particular, perhaps their attention to it may be full as am ioentons as that to 'their own Reform. That it has not novelty to plead is rather in its favour, as a tried fast has always advantage over specious, theory. " tarn nunc munificentia, mea (Constantin : o omnibus Veteranis, id esse concessum, perspicuutn, sit, ne quis iliorurn ullo munere civili, ueque operibus publicis conveniatur cantes tcrras aecipiant easque perperua habeant COD:. TAton„ lib. 7. tom. to. • Already,by my bounty (says Cotstantine) it very evi dent, so .much is granted to all the Veterans, that none of them require any civil donation or public employments—they receive the Waste Lands, and them fret' for ever," Glory, renown, eminence, emulation, will always supply an army with meritorious Leaders and ardent Officers ; but though an army may not be able, should it chance to be under 'an incompetent Gene ral, to achieve • great matters, yet Abe---most skilful Commander cannot achieve imy thing without an adequate force. If the means= of increasing and keeping up that military force which public affairs now require, can by any means be facilitated, surely it is incumbent on us to adopt every plan for that purpose which prudeace can suggest or the national funds can afford. That great statesman, Cicero. well observes—" pro murena.. ,' - .ortmes urban* res, ont, nia studia, amnia forensis law et industria latent in tuteba et przeiidia bellic4 virtutis."---s" AO army stands -instead of a wall our civil affairs, all our cares, all our pleadings * our estimation, our ins dustry, lie under the protection of warlike valour." In his time, soldiers were thought of as much consequence to the State as the husbandman who makes the land produce she first necessaries of life. It must he obvious, that at this moment, without an army and navy, not only ‘all our trades would be un employed, but agriculture be also negteCted or else carried on for foreign masters. Recruiting our army has of late met with difficulties; not from a want of population, but from a variety of other causes, among which one may be reckoned, which, at first view, will appear rather an extraordinary one, viz. too high a boun4'. The - very great bounty for regular service, and the still greater offerca for substitutes in the militia, besides little additional in ducements held out by . private offers, makes every man who is willing to enter the service, hesitate, and consider what service he will enter into, and where he is'likely to 'receive the greatest -gratuity. There should be but one service for young men, and that should be wherever their country required' it I A national militia, in name, is certainly one of the defences apparently the most to be resorted' to ; but experience teaches us that regular troops are as much attached to their native soil as the militia man can be;- and that our fire-sides may be better de, fended-by exertion (thread than waiting to repulse an enemy attacking us at /tame, If, instead of an high bounty on entering into the service,, which is almost. always dissipated very unprofitably to the soldier, to society, and to good morals, a - future re ward was held out, which would insure the warrior a peaceful asylum on the expiration of his labours in the field, is it not to be expected thiii he would more readily - enter on, and- cheerfully proCeed in his campaigns, when he is conscious this:, after a certain period of service in his country's cause, he himself will be entitled to a landed property in it, free froth all taxation during his life; and that he can also leave that property to his family for ever, sul*aCt„ however, to the customary taxes, which past services bad liberated himself from The sums gr,inted for what •have been improperly called volunteers - (by -which should only be comprehended volun .tary service; performed. without. any cost to Govern ment) ; the different militia expellees employed for this purpose; besides doing away many objections attending that service, in withdrawing from his family the industrious poor . man who can not provide a substitute; and leaving the rich super annt.lated bousejiolder, and the old maiden, pos, sessing, perhaps, extensive manors, totally free from all its inconveniences. These sums combined would long since have purchased for the nation as much waste and other lands as,would have reintme, rated an army full as numerous as has been hitherto enrolled, or could be entitled to_reward after twenty years service, • The youth of 18, fond of novelty, sanguine in his expectations, will eagerly adopt a profession, at all_ tithes honourable, when he is cer,. taro, that if he arrives at the age of 38, he can com mand an estate sufficient to entitle him to bring up independently a family, or which he can dispose of .again to Government at a fixed price, if he cannot procure more from others. A cottage and a few acres of land, af present waste, under the cultivation of a man who had seen different countries, would exhi bit such a change of landscape and specimen of rural comfort, that it would be found more - difficult to re strain young men from, than entice them into the army. Nothing need be said of Our Navy ; sea men are not by any means liable to The same incli nations, or calculated for the same : pursuits as lands men ; Greenwich, or some such receptacle, must be always afforded uathem. But if a Chelsea-pension, or a retreat such as now hinted at, was to be offered to a man of 40 years of age, after 20 years service, there can be little doubt of his choice, if he posses sed his limbs. Ilhis military ardour should still in cline him to continue his services, his estate is at his disposal. Privates and non-commissioned persons only, Would have these allowances, Love of , their Country, and that rank in the army, w every officer of merit and long service may aspire to, and which, -even if they should not obtain, is still ac companied with Its full meed of disl y intlion and re nown, are and always will be incentives sufficient to those to enter the service, in wham magnanimity 'preponderates. over love of wealth, Let the avarf eioos follow other pursuits than arms ! 'glory is the object of, heroes l ,—,-hyglory is meant that true sort which has always justice as its tusis ;—when any nation, however great, takes up arms for sake of